239 REVIEW

Pursuant to Sections 239 -l, -m, and -n of New York State General Municipal Law, the Delaware County Planning Board is responsible for reviewing certain planning and zoning actions in local municipalities. The Planning Board must review actions involving real property lying within 500 feet of the following:

A municipal boundary;
The right-of-way of an existing county or state road;
The boundary of a county or state park or other recreation area;
The boundary of any county or state owned property on which a public building or institution is located; or
The boundary of a farm operation located within an Agricultural District, as defined by Article 25-AA of the Agricultural & Markets Law.

A 239 Referral Form must accompany all submissions to the County Planning Board along with all information that was submitted to the local municipality as part of a complete application, SEQR information, soils data, pertinent maps and plans, etc.

The County Planning Board review may result in one of several outcomes: approval, approval with recommendations, approval with conditions, disapproval or no action. Because County review is non-binding, a municipal board may override a disapproval recommended by the County Planning Board. To do so, the local municipality must vote with a majority plus one to override the County and provide the County with a written explanation of the reasons for the override. For detailed information on the County's review process, please refer to the County's 239 Reviews and Procedure Manual or contact the Planning Department.